FY2011 HIGHWAY SAFETY

PERFORMANCE PLAN

West Virginia

1

West Virginia Highway Safety Performance Plan

FY 2011

Earl Ray Tomblin Governor

Joe E. Miller Commissioner

Division of Motor Vehicles Department of Transportation

Bob Tipton, Director West Virginia Governor’s Highway Safety Program

5707 MacCorkle Avenue SE Post Office Box 17600

Charleston, West Virginia 25317-0010

2

TABLE OF CONTENTS Executive Summary .......................................................................................................................................... 3

Governor’s Highway Safety Program Overview ........................................................................................ 5

Organizational Charts ...................................................................................................................................... 7

Demographics .................................................................................................................................................... 9

Highway Safety Goals and Performance Measures ................................................................................ 12

Highway Safety Priorities ............................................................................................................................. 14

State Certifications ........................................................................................................................................ 51

Highway Safety Program Cost Summary .................................................................................................. 61

3

EXECUTIVE SUMMARY

On behalf of the Commissioner of the Division of Motor Vehicles and the

Governor’s Representative for Highway Safety, Joe E. Miller, we are pleased to present the FY2011 West Virginia Highway Safety Plan. This will serve as an outline for improving the safety of all motorists on West Virginia’s roadways. It will detail our efforts in reducing the loss of life and injuries resulting from motor vehicle crashes.

The Governor's Highway Safety Program (GHSP), a section of the West Virginia Division of Motor Vehicles, has developed a comprehensive problem-based Highway Safety Plan (HSP). The Governor's Highway Safety Program faces considerable challenges in 2011. The development of the FY11 Highway Safety Plan sets the priorities and goals for the upcoming year.

FY 2010 proved to be successful. The GHSP decided to focus on the basics and exert more direct involvement in the various activities and priorities. The priorities for 2011 will be Occupant Protection, Impaired Driving, Community Traffic Safety Programs, Motorcycle/ATV Safety, Youth Alcohol Issues, Traffic Records, and the coordination of law enforcement, state, community and private sector efforts to reach the goals set forth by the GHSP.

Over the last eleven years, the Governor's Highway Safety Program, along with our Highway Safety partners and advocates, has worked hard to raise our Seat Belt Use rate from 49.5 % in 2000 to the 2010 rate of 82%. This increase is a direct result of the Click It or Ticket Campaign, which emphasizes enforcement and media. The GHSP Law Enforcement Liaison Office has been instrumental in gaining and maintaining law enforcement’s interest in the program, particularly through the WV Lifesavers Program, which has received national recognition.

During FY 2005, the “WV LIFESAVERS” program was launched to provide incentives to individual law enforcement officers to become involved in our occupant protection efforts, and over 923 officers representing 137 law enforcement agencies are currently participating. The program continues to expand. In 2009, the “Beyond the Belt” Program was initiated, which was designed to encourage participating LifeSavers to more closely examine the subjects and circumstances of every traffic stop for other possible violations/crimes.

The non-use and misuse of child passenger safety devices continues to be around 85% (observations at CPS safety events). In 2008, alcohol related fatalities comprised 34% of all fatalities, an increase from 32% in 2007. This continues to be an area that demands continual attention. The vast majorities of the alcohol related fatalities occur during the nighttime, are single vehicle accidents, and run off roadway accidents. The Governor's Highway Safety Program's Law Enforcement Liaison Office has continued to take a broader role in not only Occupant Protection activities, but Impaired Driving and other focus areas as well. A statewide DUI Taskforce formulated a sustained Impaired

4

Driving Enforcement Plan, which includes the participation of the WV State Police, local law enforcement agencies, GHSP, Regional Traffic Safety Programs, other state and community agencies, and advocate groups.

West Virginia will also participate in the NHTSA Mid Atlantic Region's "Checkpoint Strikeforce". This campaign’s emphasis is on high visibility enforcement with both paid and earned media.

The GHSP Law Enforcement Liaison program will take the lead in law enforcement training and organizing law enforcement activities. The GHSP will continue to support law enforcement efforts and maintain supervision of the activities and focus.

West Virginia receives grant funding from the National Highway Traffic Safety Administration (NHTSA) to combat the challenges highlighted above. These funds are allocated through the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). West Virginia receives various incentive/ innovative grant awards along with the general 402 appropriation. Funding will enable West Virginia to provide additional training and education for law enforcement, Highway Safety Advocates, and the general public on the above-mentioned highway safety issues. Funding will allow continuing progress toward a real time traffic records data base. Progress toward the goals of the Strategic Traffic Records Plan formulated in November 2001 continues.

We will continue to fund traffic safety initiatives through eight Regional Traffic Safety Programs throughout West Virginia covering all fifty-five counties. We will continue to work diligently to support and promote efforts to upgrade occupant protection, impaired driving, and other laws that promote safer highways in West Virginia.

The HSP outlines the West Virginia Governor's Highway Safety Program’s goals and objectives, and details the activities for which the state's FY 2011 Section 402 and other funds may be used. Applicants for Highway Safety funds (i.e. city, county, and state agencies) must clearly identify a highway safety problem and support it with evidence. The applicants must identify and define measurable objectives and activities that will impact the problem identified. All proposals must be in line with the goals and objectives set forth in this plan. Additionally, we are open to new and creative ideas for projects and activities that will reduce motor vehicle crashes, injuries, and fatalities. Performance measures outlined in this plan are developed collaboratively by GHSP staff, Safe Community Coordinators, and other Highway Safety Program partners. Data from various sources (NHTSA, FARS, State of West Virginia Traffic Engineering Division, etc.) is reviewed and reasonable, achievable benchmarks established, taking into consideration recent trends.

5

WEST VIRGINIA GOVERNOR’S HIGHWAY SAFETY PROGRAM

MISSION STATEMENT

The mission of the Governor’s Highway Safety Program is to nurture grassroots initiatives, programs and projects that promote occupant protection, supports law enforcement, and stop impaired drivers, thereby reducing crashes, injuries and fatalities on the highways of West Virginia.

The Governor’s Highway Safety Program was created by Executive Order 6-A 67, issued on October 10, 1967. In January 1972, the Governor’s Highway Safety Program was transferred to the Office of Governor by Executive Order 2-72. On July 1, 1977, by Executive Order 4-77, the GHSP was transferred to the Governor’s Office of Economic and Community Development (GOECD). The GHSP was reassigned to the renamed GOECD - Governor’s Office of Community and Industrial Development (GOCID) - by Executive Order 15-85 issued on November 21, 1985. In 1992, HB 4164 renamed the GOCID to the West Virginia Development Office. On November 12, 1993, the GHSP was transferred to the Department of Military Affairs & Public Safety by Executive Order 6-93. On February 1, 1998, Governor Cecil Underwood transferred the responsibility of the GHSP from the Department of Military Affairs and Public Safety to the Division of Motor Vehicles of the WV Department of Transportation.

GHSP STAFF AND RESPONSIBILITIES

Director (Bobby Tipton)

Responsible for planning, organizing and directing the programs and activities of the Governor’s Highway Safety Program in accordance with Federal and State rules, regulations and guidelines. 50/50 State/Federal

Community Development Specialist II (Barbara Lobert)

Program Manager: Responsible for two CTSP Regions, Occupant Protection Program Manager, Policy and Procedures, Highway Safety Plan and Annual Report content. 100% Federal

Community Development Specialist I (Gary Winter)

Program Manager: Responsible for two CTSP Regions and the Alcohol Program Manager. 100% Federal

6

Executive Assistant (Mark Holmes)

Program Manager: Responsible for two CTSP Regions, ATV Safety Program, Traffic Record Grants Manager, and FMCA Grants. 50/50 State/Federal

Administrative Assistant Service Assistant III (Trish Anderson)

Program Manager: Responsible for two CTSP Regions and statewide Child Passenger Safety Program. 100% Federal

Administrative Services Specialist Assistant III (Greg Winter)

Program Coordinator of the Motorcycle Safety Awareness Program. 100% State

Administrative Services Specialist Assistant III (Donnie Hale)

Assistant Coordinator of the Motorcycle Safety Awareness Program. 100% State

Public Relations (Natalie Harvey) (Half-time)

Responsible for the dissemination of information regarding GHSP projects and events. Coordinates all media efforts and public awareness campaigns. In addition, Annual Report design, development of brochures and written publications. 50/50 Federal/State

Accountant/Auditor III (William King)

Fiscal Officer for Governor’s Highway Safety Program. 50/50 Federal/State

Accountant/Auditor I (Nicola Siwo)

Assistant Fiscal Officer for Governor’s Highway Safety Program. 50/50 Federal/State

Secretary (Flo Hannoush) 50/50 Federal/State

Law Enforcement Liaison (JD Meadows) Contractual

Responsible for the coordination of all law enforcement activities with GHSP projects and programs. Director of CIOT Challenge Project and “OP Lifesavers” Project, all Law Enforcement training, TOPS, SFST, Operating Sobriety Checkpoints, Managing Sobriety Checkpoints and Mobile Video Training.

Child Passenger Safety Training Coordinator (Dave Cook) Contractual

Oversee Child Passenger Safety Training and Certification process and development of programs and projects to improve, enhance, and advocate occupant protection from age birth to 18 years of age.

Traffic Records Coordinator – Position Vacant

7

Joe E MillerGovernor's Representative for

Highway Safety(Commissioner of DMV)

Bob TiptonDirector

Governor's Highway Safety Program

Greg WinterMotorcycle SafetyProgram Manager

Donnie HaleMotorcycle SafetyAssistant Program

Manager

Gary WinterProgram Manager

Barbara LobertProgram Manager

Mark HolmesProgram Manager

Trish AndersonProgram Manager

Traffic Records(Vacant)

Flo HannoushSecretary II

William KingAccountant

Nicola SiwoAccountant

8

Joe E. MillerCommissioner

Pete LakeRegional Offices

Call Center

Jerry Conrad Management

ServicesGlenn Pauley

Vehicle ServicesSteve Edens

ISS/GrievBob Tipton

Highway SafetyDave Bolyard

Driver ServicesJill Dunn

Legal Services

Steve DaleDeputy Commissioner

Esther MillerExecutive Assistant

Sue MillerSecretary

Tami RobertsonOffice Assistant

Monica PriceExecutive Assistant

Natalie HarveyPublic Information

Graphic DesignerJennifer Floyd

9

WEST VIRGINIA DEMOGRAPHICS West Virginia has a geographic area of 24,078 square miles and ranks 35th in area. The largest county if Randolph with 1,040 square miles and the smallest is Hancock with 83 square miles. There are 35,869 miles of public highway and the vast majority is two lanes rural. The U.S. Census reports West Virginia’s population to be 1,810,354,000, and this number has been fairly stable over the last five years.

Male 879,170

Female 929,174

Black 57,232

White 1,718,777

Hispanic 12,279

Asian 9,434

Year Licensed Drivers Registered Motor Vehicles

Million Vehicle Miles Traveled

2004 1,327,607 1,620,336 19,417.784

2005 1,329,106 1,655,122 19,714.810

2006 1,329,847 1,709,538 19,893.940

2007 1,366,712 1,711,577 19,740.560

2008 1,292,448 1,687,407 20,110.190

2009 1,283,527 1,728,940 19,049,529

Miscellaneous Data There are 237 law enforcement agencies in West Virginia. The largest agency is the West Virginia State Police which has 653 sworn officers housed in eight troops and further divided into 63 detachments. Each of the 55 West Virginia counties has a sheriff’s department varying in size from two officers to 100. There are 165 municipal police departments, with the largest having 182 officers and the smallest has one. All of

10

these agencies have the responsibility of enforcing traffic laws. There are currently 3,537 police officers in West Virginia. There are 43 licensed hospitals in West Virginia. Two of those are Level I Trauma Centers, four are Level II, and three are Level III and 14 Level IV Trauma Centers. Charleston, the largest city in West Virginia, is the capital and is located in Kanawha County, which is the largest county in West Virginia. Following are the ten largest employers in the State and are listed in order.

1. Wal-Mart Associates, Inc.

2. West Virginia University Hospital/ United Health System (United Health Center and WV Hospitals)

3. Charleston Area Medical Center (CAMC)

4. Kroger

5. CSX/CSX Hotels

6. American Electric Power

7. Eldercare Resources Corp.

8. Lowe’s Home Centers

9. St. Mary’s Hospital

10. Consolidation Coal Co. Political and Legislative Status Democrat Joe Manchin III began his term as the 34th Governor of West Virginia in January 2005, and was re-elected to a second term in 2008. The West Virginia Legislature has two chambers, the House of Delegates and the Senate. The House of Delegates is comprised of 69 Democrats and 31 Republicans, and Speaker Rick Thompson presides. The Senate is comprised of 26 Democrats and 8 Republicans with Senator Earl Ray Tomblin, presiding as the Senate President and Lieutenant Governor. The Legislature’s annual session begins the second week of January and lasts 60 days. Monthly interim meetings are also held. Repeat Offender legislation and an upgrade to the Child Passenger Safety Law were passed during the 2005 session of the Legislature. The Repeat Offender Law was reviewed by the National Highway Traffic Safety Administration (NHTSA) Counsel and judged to be compliant with the federal mandate. Open container legislation made it through committees, but never came to a floor vote. The lack of a compliant open container law will keep the 154 Transfer penalties in place.

11

In 2008, West Virginia passed a “High BAC Law,” which makes it a misdemeanor to drive with a BAC of 0.15 or higher. However, this law does not meet NHTSA’s Section 410 criteria, which requires a minimum of 320 days use of an ignition interlock device. West Virginia’s law requires a minimum of 270 days use. In 2009, the Legislature strengthened the state’s GDL (Graduated Driver Licensing) law by limiting the number of hours of driving allowed, decreasing the number of passengers which may be in the vehicle, and increasing the number of certified practice hours. A ban on cell phone use at Level I and Level II was implemented. Data Sources The following data sources were used in this Highway Safety Plan:

West Virginia Department of Highways Crash Data – 2009 West Virginia Department of Motor Vehicles Annual Report – 2009 FARS 2009 Safety Belt Use in West Virginia, 2010 Preliminary Report

12

GOALS/PERFORMANCE MEASURES CORE OUTCOME MEASURES *

1. Traffic Fatalities

To decrease traffic fatalities 5 percent from 2005-2009 calendar base year average of 390 to 371 by December 31, 2012.

2. Serious Traffic Injuries

To decrease serious injuries 5 percent from the 2005-2009 calendar base year average of 9,835 to 9,343 by December 31, 2012. *2008 data was incomplete and not used.

3. Fatalities/VMT

a. To decrease fatalities/VMT from the 2005-2009 calendar base year average of 1.91 to 1.82 by December 31, 2012.

b. To decrease rural fatalities/VMT from the 2005-2009 calendar base year average of 2.33 to 2.21 by December 31, 2012.

c. To decrease urban fatalities/VMT from the 2004-2008 calendar year average of .89 to .85 by December 31, 2012.

4. Unrestrained Passenger Vehicle Occupant Fatalities

To decrease unrestrained passenger vehicle occupant fatalities in all seating positions 5 percent from the 2005-2009 calendar base year average of 160 to 152 by December 31, 2012.

5. Alcohol-Impaired Driving Fatalities

To decrease alcohol impaired driving fatalities 5 percent from the 2005-2009 calendar base year average of 119 to 113 by December 31, 2012.

6. Speeding Related Fatalities

To decrease speeding-related fatalities 7 percent from the 2005-2009 calendar base year average of 90 to 83 by December 31, 2012.

7. Motorcyclist Fatalities

To decrease motorcyclist fatalities 7 percent from the 2005-2009 calendar base year average of 38 to 35 by December 31, 2012.

13

8. Unhelmeted Motorcyclist Fatalities

To decrease unhelmeted motorcyclist fatalities 10 percent from the 2005-2009 calendar base year average of seven to six by December 31, 2012.

9. Drivers Age 20 or Younger Involved in Fatal Crashes

To decrease drivers age 20 or younger involved in fatal crashes 7 percent from the 2005-2009 calendar base year average of 56 to 52 by December 31, 2012.

10. Pedestrian fatalities

To reduce pedestrian fatalities 10 percent from the 2005-2009 calendar base year average of 21 to 19 by December 31, 2012.

CORE BEHAVIOR MEASURE Seat Belt Use Rate

To increase statewide observed seat belt use of front seat outboard occupants in passenger vehicles 3 percentage points from the 2005-2009 calendar base year average usage rate of 87.9 percent to 91 percent by December 31, 2012.

ACTIVITY MEASURES

1. Number of grant-funded seat belt citations: 10/09 – 9/10: 3168 Increase 5% in 2011 to 3326 (seat belts) 10/09 – 9/10: 282 Increase 5% in 2011 to 296 (child safety seats)

2. Number of grant-funded impaired driving arrests 10/09 – 9/10: 1901 Increase 5% in 2011to 2004

3. Number of grant-funded speeding citations 10/09 – 9/10: 6691 Increase 5% in 2011 to 7026

The results will be published in the FY2010 Annual Report.

14

HIGHWAY SAFETY PRIORITY AREAS PERFORMANCE GOALS, MEASURES AND FUNDED PROJECTS

OCCUPANT PROTECTION During the first two weeks of June, West Virginia conducts the Annual Statewide Scientific Seat Belt Usage Survey. In 2000 the usage rate was only 49.5 percent. In 2001, the rate rose to 52.7 percent. Following the June 2001 survey, West Virginia adopted the “Click It or Ticket” (CIOT) model in November 2001. With aggressive enforcement and paid media, West Virginia’s rate jumped to 71.6 percent by November 2002. The Governor’s Highway Safety Program (GHSP) has continued the Click It or Ticket campaign since that time and achieved an 87 percent seat belt usage rate in June 2009. The 2010 survey resulted in a 5.5% drop in use, down to 82%. It is unclear if this lower rate is a reflection of enforcement efforts, if the public is becoming immune to the Click It or Ticket message, or simply a fluke. The results of the 2011 CIOT campaign will provide more insight. More than 50 percent of the 243 law enforcement sites participated in the Click It or Ticket Campaign with activities that continue year round and on a sustained basis. The GHSP Law Enforcement Liaison Office is responsible for the CIOT Campaign and the “LifeSavers” individual officer’s incentive project. Occupant Protection Data

2004 2005 2006 2007 2008 2009 Use Rate 74.6% 84.9% 88.5% 89.6% 89.5% 87% A & B Injuries 12,154 11,552 11,430 10,424 8,641 7,130 Fatalities 410 374 410 432 380 357 Fatal Ejections 142 139 156 149 87 N/A

Performance Goals

2010 2011 2012 Use Rate 82% 91.5 92 A & B Injuries 10,394 10,707 10,593 Fatalities 381 377 373 Fatal Ejections 127 125 124

15

Performance Measures West Virginia will continue to employ the Annual Statewide Scientific Survey to measure and monitor seat belt usage rates. In 1998, West Virginia University developed the State of West Virginia Scientific Seat Belt Observational Plan, which was approved as meeting NHTSA guidelines. 98 sites in 14 counties are chosen at random based on average daily travel and roadway classification. The 2010 Seat Belt Survey has been completed, but the final analysis is incomplete. The final report/certification will be submitted to NHTSA by March 1, 2011. In FY11, the GHSP will reinstitute TOPS (Traffic Occupant Protection Strategies) training to reinvigorate enforcement efforts in the state, particularly with regard to safety belt enforcement. We plan to conduct 16 classes (2 per region) statewide. In addition to our annual CIOT enforcement blitz during May, we will implement seat belt enforcement blitzes statewide throughout the year, especially in areas that have high unbelted fatality rates. Enforcement of seat belt laws are also stressed when law enforcement officers/agencies are providing enforcement of other Highway Safety initiatives, such as DUI and speeding. Coordinators will also be required to initiate at least one Occupant Protection Checkpoint in their region per quarter. This is not an enforcement checkpoint, however, it does serve as a reminder to the public that seat belts are to be worn at all times. Coordinators will be asked to increase their public awareness efforts of seat belts and the law. The West Virginia Governor’s Highway Safety Program will continue to monitor crash data provided by the West Virginia Division of Highways and FARS to allow for a comprehensive approach to the development of problem identification and planning processes. The GHSP will attempt to develop more sources for the measurement of progress toward achieving these goals. FY2011Occupant Protection Projects

Region 1 $ 15,000 Region 2 $ 15,000 Region 3 $ 15,000 Region 4 $ 15,000 Region 5 $ 15,000 Region 6 $ 15,000 Region 7 $ 15,000 Region 8 $ 15,000 WV State Police $ 50,000 GHSP LEL $ 20,000 (LEL – Law Enforcement Liaison Office) Total $190,000 (Section 402 Funds)

Lifesavers Program $145,000 (Section 406 Funds)

16

Section 405 – Occupant Protection Incentive Grant States must meet four of six criteria to be eligible for funding. West Virginia currently meets three criteria and would need to meet at least one of the following to qualify:

Seat belt law covering all seating positions Primary Enforcement Law Minimum fine of $25

FY2006: ($0) West Virginia did not qualify for this grant under SAFETEA-LU. Funds available

under Section 402, Section 163 and Section 157 were used to implement FY2006 projects.

FY2007: ($0) West Virginia did not qualify for this grant under SAFETEA-LU. Funds available

under Section 402, Section 163 and Section 157 were used to implement FY2007 projects.

FY2008: ($0) West Virginia does not qualify for this grant under SAFETEA-LU. Funds

available under Section 402, Section 163 and Section 2011 will be used to implement FY2008 projects.

FY2009: ($0) West Virginia does not qualify for this grant under SAFETEA-LU. Funds

available under Section 402, Section 163 and Section 406 will be used to implement FY2009 projects.

FY2010: ($0) West Virginia does not qualify for this grant under SAFETEA-LU. Funds

available under Section 402, Section 163 and Section 406 will be used to implement FY2010 projects.

FY2011: ($0) West Virginia does not qualify for this grant under SAFETEA-LU. Funds

available under Section 402 and Section 406 will be used to implement FY2011 projects.

Section 406 – Safety Belt Performance Grant Program West Virginia must pass a primary enforcement seat belt law or have at least an 85 percent usage rate for two consecutive years to qualify for these funds. The 2006 seat belt use rate for West Virginia was 88 percent and the 2007 seat belt use rate was 89.5 percent, thereby making West Virginia eligible for Section 406 funds. West Virginia received a one-time award of $5,092,399 in FY2009, of which $1 million must be used for highway safety programming. FY2007: ($0) West Virginia did not qualify for funding under this program. FY2008: ($0) West Virginia did not qualify for funding under this program.

17

FY2009: ($5,092,399) 406 funds will be used to purchase computers and printers for all law enforcement agencies in the State in support of electronic submission of crash reports, citations and warnings for all traffic data (see Traffic Records Section). 406 funds will also be used to support the West Virginia Lifesavers Project.

FY2010: ($3,730,180 Unawarded 406 funds remaining) Funds will be used to purchase

computers and printers for all law enforcement agencies in the State in support of electronic submission of crash reports, citations and warnings for all traffic data (see Traffic Records Section). 406 funds will also be used to support the West Virginia Lifesavers Project, Beyond the Belt, and other occupant protection projects.

FY2011: ($2,742,324 Unawarded 406 funds remaining) Funds will be used to purchase

computers and other necessary hardware for all law enforcement agencies in the State in support of electronic submission of crash reports, citations, and warnings for all traffic data (see Traffic Records Section). 406 funds will also be used to support the West Virginia Lifesavers Project, Beyond the Belt, and other occupant protection projects.

Section 2011 – Child Safety and Child Booster Seat Incentive Grant States that are enforcing a law requiring any child riding in a passenger vehicle who is too large to be secured in a child safety seat to be secured in a child restraint that meets the requirements prescribed in Anton’s Law are eligible for this grant program. In 2005, West Virginia upgraded its Child Passenger Safety law by requiring that children up to the age of eight and less than four feet nine inches (4’ 9”) tall must be secured in a child safety device. West Virginia qualified for these funds for the last two years and has recently been approved for a third year of funding. FY2011 – Section 2011 Projects

City of Charleston $ 21,000 City of Huntington 5,000 Wood County Commission 15,000 City of Wheeling 5,000 City of Clarksburg 15,000 City of Martinsburg 8,000 City of Beckley 14,000 City of Beckley 40,500 (Bluefield Program & Statewide) GHSP 76,500 TOTAL $200,000

18

FY2007: (268,021) West Virginia conducted Child Passenger Safety (CPS) Training, supported permanently established CPS fitting stations and purchased CPS seats. As required by federal regulation, no more than 50 percent of the awarded funds were used to purchase child safety seats.

FY2008: ($196,453) West Virginia conducted CPS training, established and supported

CPS fitting stations purchased CPS seats and purchased media (radio). No more than 50 percent of the funds were used to purchase safety seats.

FY2009: ($138,822) West Virginia plans to conduct similar activities as last year in the

coming year. In addition to six 32-hour CPS classes, we will offer a minimum of four 8-hour recertification classes throughout West Virginia. GHSP goal is to recertify 40 CPS technicians who have allowed their certifications to expire. GHSP will monitor all CPS technicians in FY2009 and will assist them in remaining certified. No more than 50 percent of the funds will be used to purchase safety seats.

FY2010: ($126,019) West Virginia plans to conduct similar activities as last year in the

coming year. In addition to six 32-hour CPS classes, we will offer a minimum of four 8-hour renewal classes throughout West Virginia, plus four 8-hour classes for CEU credit. GHSP goal is to recertify 40 CPS technicians who have allowed their certifications to expire. GHSP will monitor all CPS technicians in FY2010 and will assist them in remaining certified. No more than 50 percent of the funds will be used to purchase safety seats.

FY2011: ($111,189) In addition to six to eight 32-hour CPS classes, we will offer at least

four 8-hour renewal classes throughout West Virginia, plus a minimum of four 8-hour classes for CEU credit. GHSP goal is to recertify 40 CPS technicians who have allowed their certifications to expire. GHSP will monitor all CPS technicians in FY2011 and will assist them in remaining certified. No more than 50 percent of the funds will be used to purchase safety seats.

19

IMPAIRED DRIVING West Virginia was named a Strategic Evaluation State by NHTSA in 2002 due to the high alcohol fatality rates (2002 – 0,94; 2003 – 0.77 and 2004 – 0.70). In July 2003, West Virginia instituted a year-long sustained enforcement project which has continued and funded with Section 154/164 Transfer Funds and Section 410 Funds. The enforcement effort is coordinated through the eight Regional Traffic Safety Programs and the seven West Virginia State Police Troops. Each region and troop is responsible for weekly enforcement, earned media, public information and education events. There is also a training component in place to upgrade law enforcement’s ability to be more effective in dealing with the impaired driving problem. Alcohol Data

2004 2005 2006 2007 2008 2009

Alcohol Related Fatalities (BAC=.08+) 108 110 105 138 128 115

Alcohol Fatality Rate 0.56 0.56 0.53 0.70 0.64 .60

Alcohol/Fatality Percentage 26 29 25 32 34 32

Alcohol Related Crashes 3,768 3,395 3,514 3,301 2,700 2,578

Alcohol Related Injuries 2,749 2,445 2,572 N/A 1,700 N/A

Missed DMV Hearings 1,099 806 613 577 N/A N/A

Underage Alcohol Sales 27.16% 16.43% 18.95% 14.71% 18.03% 16.44%

Performance Goals

2010 2011 2012

Alcohol Related Fatalities 112 111 110

Alcohol Fatality Rate .57 .56 .55

Alcohol/Fatality Percentage 27 26 25

Alcohol Related Crashes 3,355 3,285 3,250

Alcohol Related Injuries 2,485 2,434 2,408

Missed DMV Hearings 743 728 720

Underage Alcohol Sales 18.10 17.91 17.72

20

The State of West Virginia has participated in every national impaired driving law enforcement campaign NHTSA has organized since the inception of the program. Additionally, the State has increased its impaired driving law enforcement efforts during Christmas/New Years, St. Patrick’s Day, the Fourth of July weekend and Labor Day. Recently West Virginia has increased its impaired driving law enforcement efforts on Cinco de Mayo and Halloween due to statistical evidence indicating an increased risk to the driving public from intoxicated drivers. In 2004, the GHSP developed the West Virginia Sustained DUI Enforcement Plan which has guided our impaired driving law enforcement program since its inception. During FY2009, 174 law enforcement agencies participated in this program, conducting 135 sobriety checkpoints and making 95 DUI arrests. Saturation patrols were also conducted, with 1,110 DUI arrests and issuing 11,501 other citations. These agencies represent the West Virginia State Police, city and county law enforcement agencies which included every Class I, II and III city in the State. They cover 75 percent of the State’s area and 85 percent of the State’s population. Utilizing the “Over The Limit, Under Arrest” message, West Virginia will participate in this national Labor Day campaign. Additionally throughout the year, there will be six mobilization periods statewide in which officers will be conducting sobriety checkpoints, low staffing checkpoints, phantom checkpoints, saturation patrols, and directed patrols on roadways with a high incidence of alcohol related fatalities and crashes. $1 million in paid media will help to further these efforts.

21

Map of West Virginia Representing 75% of the State’s Population by County

22

The following map illustrates the counties where either the major community within the county or the county Sheriffs Office is participating in the West Virginia Sustained DUI Enforcement Plan.

West Virginia Counties with Participating Law Enforcement Agencies

The counties participating during the current grant year represents 91.8% of the State’s population, and 93.2% of the alcohol related traffic crashes. This map represents city and county law enforcement agencies only. In addition to these agencies, the West Virginia State Police are participating in the Sustained DUI Enforcement Program in all 55 counties. The State Police patrol rural areas in addition to cities that either do not have a police department or the local police department is so small that they do not do road patrols. Following is the updated plan for FY2011.

23

WV GOVERNOR’S HIGHWAY SAFETY PROGRAM SUSTAINED DUI ENFORCEMENT PLAN FY-2011

OVERVIEW

In order to bring West Virginia’s Alcohol Related Death Rate down to the National

Average Alcohol Related Death Rate of .58 deaths per 100 million miles traveled. The WV Governor’s Highway Safety Program has developed a statewide plan to reduce DUI related crashes, injuries, and deaths by using a sustained enforcement effort. This plan takes a comprehensive approach using city, county and state law-enforcement agencies, Traffic Safety Coordinators, Alcohol Beverage Control Administration (ABCA), community agencies, schools, retail, and wholesale alcohol agents. The “Governor’s Highway Safety Program’s” Alcohol Coordinator and the Law Enforcement Liaison will take the lead in statewide planning and coordination. The eight Traffic Safety coordinators and the seven WV State Police coordinators will coordinate their regions of the State to ensure compliance with this plan. The plan will cover the entire state in a comprehensive and sustained manner using the following categories:

High Visibility Enforcement Activities Public Education and Information Activities Media Activities Training Activities Age Group Activities Underage Enforcement Activities Focused Patrols Formation of Spyder Patrols Program

HIGH VISIBILITY ENFORCEMENT ACTIVITIES

Each of the eight Traffic Safety Coordinators will be required to arrange a minimum of at least one DUI enforcement activities in each of their areas each week at high-risk days and times for DUI crashes. The seven WV State Police coordinators will arrange a minimum of one DUI enforcement activities within each of their troop areas each week also during high-risk days and times for DUI crashes. The “Governor’s Highway Safety Programs, Law Enforcement Liaison” is responsible for coordinating the efforts of the Traffic Safety Coordinators and WV State Police coordinators. Each group divides the State of West Virginia into areas (eight Traffic Safety Areas and seven State Police troop areas) covering 100% of the State. Additionally during the six-month period of enhanced enforcement, the enforcement level will double to two enforcement events per week in each Traffic Safety Coordinator and state police area. Approved examples of “High Visibility Enforcement Activities” are as follows:

Saturation Patrols – Officers will patrol areas identified as high DUI area in-groups of at least three patrols. Officers will stage in the enforcement area to alert motorist to the high visibility saturated patrol.

24

Sobriety Checkpoints – Officers will conduct checkpoints according to local department regulations requiring a large number of officers (usually 10-12 officers).

Low Manpower Sobriety Checkpoints – Officers will conduct checkpoints

according to local department regulations requiring six or fewer officers.

Underage Alcohol Sales Stings – Officers will work with ABCA investigators or within department regulations in an effort to monitor the sale of alcohol to underage purchasers and make arrests of violations.

Participate in National and six State Mobilizations (4 Law Enforcement events

during the National Mobilization and as mandated for the State Mobilizations)

Participate in the enhanced enforcement program as mandated by the Governor’s Highway Safety Program

Conduct enforcement activities during peak alcohol related crash times,

(holidays, special events), and at high alcohol related crash locations (DOH will provide those locations from the crash reports).

ENHANCED ENFORCEMENT PERIOD

The latest statistics available to the Governor’s Highway Safety Program indicating the incidence of alcohol related crashed are as follows:

Alcohol-Impaired Related Fatal Crashes by Month (2004-2008

Month Number of Crashes % of Total Rank January 32 5.5% 12 February 29 6.9% 10 March 48 8.4% 7 April 39 6.7% 11 May 46 8.1% 9 June 47 8.2% 8 July 50 8.8% 4 August 69 12.0% 1 September 52 9.0% 3 October 53 9.2% 2 November 49 8.6% 5 December 49 8.5% 6 TOTAL 563 100.00%

Source: Analysis of Fatal Crash Data, West Virginia 2004-2008 by the Preusser Research Group Therefore, the Governor’s Highway Safety Program shall name the months of August, October, September, July, November, and December as the months dedicated to the enhanced DUI

25

enforcement activities. The Traffic Safety Coordinators and the West Virginia shall at a minimum double their DUI enforcement activities during these periods STATE MANDATED BLITZES

The Governor’s Highway Safety Program hereby designates the following period as State Mandated Blitz Periods: Thanksgiving – Christmas – New Years, Halloween, St. Patrick’s Day, Spring Break, and West Virginia Day – the Fourth of July weekend. Also, the State shall enhance the National Blitz to include the entire month of August. During these designated blitz periods, the Traffic Safety Coordinators and the West Virginia State Police shall endeavor to get as many law enforcement agencies as possible to conduct DUI enforcement activities. PUBLIC EDUCATION AND INFORMATION ACTIVITIES

Each Traffic Safety Coordinator in their area will conduct public education and information activities. The coordinator will be required to conduct at least one event each week. The WV State Police coordinator will also conduct one activity each week within their troop area. In coordinating these efforts, 780 public education and information activities will occur statewide during a one-year period. Approved examples of public education and information activities are as follows:

Presenting impaired driving prevention information to a group such as school classes, civic groups, and church groups, in a face to face setting or in a public forum.

Presenting impaired driving prevention information through a media outlet such as TV,

radio, newspaper, magazine article or at a local fair or festival.

Phantom Checkpoint – Officers set up signs and prepare to conduct a regular checkpoint without actually moving into the roadway and conducting the checkpoint. Officers may repeat this procedure more than once and at several locations during the shift. This activity will give the impression that sobriety checkpoints are everywhere while educating the public that the police will catch the people who are driving impaired.

MEDIA PLAN Crackdown Period

The Impaired Driving National Enforcement Crackdown - dates determined by the National Highway Traffic Safety Administration State Mandated Blitzes

Thanksgiving – Christmas – New Years, Halloween, St. Patrick’s Day, Spring Break, and West Virginia Day – the Fourth of July weekend are the periods established for the State Mandated Blitzes. During these periods, the Governor's Highway Safety Program shall conduct a media campaign to coordinate with the enforcement efforts. The media campaign shall include an enforcement message.

26

Advertising Period

These campaigns will coincide with the National and State Blitzes. The Advertising campaign shall begin one week before the blitz and run through the Blitz period. Budget The State of West Virginia shall budget $500,000 of 154 transfer funds to fund this program. Target Profile

The primary target audience is broken out into 6 at-risk segments:

1. Socially Accountable Drinkers 2. Responsible Drinkers 3. Inexperienced Social Drinkers 4. Binge Drinkers 5. Middle-Class Risk Takers 6. Discontented Blue-Collars 7. Midlife Motorcyclists 8. Underage Drinkers Relative degrees of “at risk”

Highest Binge Drinkers Underage Drinkers

Discontented Blue Collars Middle-Class Risk Takers Inexperienced Social Drinkers Midlife Motorcyclists

Responsible Drinkers Lowest Socially-Accountable Drinkers In addition to the primary audiences described above, we will also target the following secondary audiences:

College Youth Unemployed Youths Unemployed Men Blue Collar Workers

27

Demographic Profile

1. Discontented Blue Collars: Men 21-34 years old 2. Underage Drinkers Youths 16-20 years old 3. Middle-Class Risk Takers: Men 25-54 years old 4. Inexperienced Social Drinkers: Men 21-24 years old 5. Responsible Drinkers: Adults 25-44 years old 6. Socially-Accountable Drinkers: Adults 25-34 years old 7. Binge Drinkers or People who drink for the sole purpose of getting as drunk as they can

as fast as they can

This plan will target the five highest “at risk” groups: Binge Drinkers, Underage Drinkers, Discontented Blue Collar, Middle-Class Risk Takers, and Inexperienced Social Drinkers. Media Purchasing Demographic Primary: Men 18 – 34, and Youths 16-20 Secondary: Middle Class Risk Takers 25-54 Geography

The $500,000 budget shall go to West Virginia advertising only. This campaign shall complement the national media plan during the national blitz and go toward the state mandated blitz periods as well. Media to be Considered

The media considered for use in the 2010 enforcement Blitzes are – Network Television Network Radio Digital Billboards Athletic Venues Broadcast Broadcast Theatres Electronic WVU Athletics Cable Internet Print Marshall Athletics Other creative media advertizing shall be used on an as need basis. Overall Media Strategy Young Men Continue to generate frequency in order to affect behavioral change. Maintain the use of television via broadcast (reach) and cable (frequency). Use radio to increase the frequency of the message. Use digital media to reach our targets in the fastest growing medium today (Specifically the Underage).

28

Network Television and Radio Strategy The Public Affairs Coordinator for the Governor's Highway Safety Program shall work very closely with the media vendors to ensure that the media is reaching the target audiences. The Public Affairs Coordinator shall coordinate the media program and is responsible for arranging the media purchases and reporting. Earned and Other Media Efforts

The public affairs coordinator for the Governor’s Highway Safety Program shall work with the Division of Highways to air the “Highways or Die-ways” Program during the “National impaired driving law enforcement campaign.” The Division of Highways shall pay to have the program aired, and the Public Affairs Coordinator of the Governor’s Highway Safety Program shall do the media buy. This media effort shall target the young adult and underage driver and will occur before, during, and after the “National impaired driving law enforcement campaign. Each Traffic Safety Coordinator and WV State Police coordinator will be required to conduct at least one media activity per week, and advertise enforcement activities before, during, and after each enforcement event within their area or troop. A media activity involves the coverage of an ongoing event or dissemination of information through a media outlet. This combined effort will result in at least 1,000 media activities a year. Media activities include the following:

TV, Radio, Newspaper, Magazine coverage of a DUI related activity.

TV, Radio, Newspaper, Magazine used to relay DUI related information to the public.

Billboard or other outdoor media (e.g. stadium ad, movies)

West Virginia University and Marshall University Sporting Events

These media events are more that simple media notification of an up-coming enforcement event (i.e. media notification of the sobriety checkpoint). The Governor’s Highway Safety Program shall receive a report of each media event. This report shall include the coverage area or circulation of the media used and the amount of money it would have cost us to purchase the media time/space. TRAINING ACTIVITIES

The Governor’s Highway Safety Program has developed and the Law Enforcement Training Sub-committee has certified for law enforcement in-service credit several training classes focusing on DUI issues. A training cadre consisting of ten instructors to instruct these classes shall be maintained by the “Governor’s Highway Safety Program.” All classes offered by the Governor’s Highway Safety Program shall be free of charge to any member of law enforcement agencies. The following classes are available:

SFST Refresher Course – This is a recertification class for SFST. This is an 8-hour class and offered 16 times a year.

29

Presentation of Evidence at DMV Administrative – This class assists officers in preparing for and presenting evidence at a DMV Administrative Hearing. We will offer this class 8 times a year.

Mobile Video In-Car Camera – This class will teach officers how to effectively use

in-car video camera systems. We will offer this class 8 times a year. In addition, all 600 members of the WV State Police during their annual in-service training shall receive this course.

Managing Sobriety Checkpoints – A Supervisory level course for law enforcement

supervisors, who plan and supervise sobriety checkpoints. We will offer this class 8 times a year.

Operating Sobriety Checkpoints – This class is for law enforcement officers who

operate the sobriety checkpoints. We will offer this class 8 times a year.

Intoximeter Training – This class will instruct all law enforcement officers in the use of new breath testing equipment. This training consists of a 4-hour block of instruction in conjunction with a general update of DUI enforcement in WV. All law enforcement officers who have the forty-hour certification on the Intoxilizers will receive his course.

This is an ambitious training schedule; the Governor’s Highway Safety Program is

offering forty-two training classes. In addition to the forty-two training classes, every law enforcement officer will receive updated DUI training and instruction on the use of new breath testing equipment. AGE GROUP ACTIVITIES

Traffic Safety Coordinators will conduct two “age group” specific activities per year in their area. WV State Police coordinators will also conduct two “age group” specific activities per year in their troop area. This totals 30 “age group” specific activities throughout the state. In addition, each Traffic Safety Coordinator will conduct one on-going alcohol project focusing on the 21-34 year old age group, bringing the total of age group specific activities to 38 statewide. Age group specific activities include but are not limited to the following:

High School Prom Activity – Officers will assist schools during prom in monitoring for

alcohol use. Pre Prom visits by law enforcement to deter the use of alcohol.

High School Graduation Activity – Officers will be involved in alcohol free graduation parties. Assist school personnel in the education of students concerning alcohol abuse.

High School Drivers Education Classes – Visits to Drivers Education Classes to educate

students against driving while impaired.

High School SADD Groups – Highway Safety Regional Coordinators shall work with the SADD group within their regions to assist them in their activities and to assist in the Statewide SADD Program.

30

College Project – Works with all 23 Colleges and Universities in the State. This project is in its sixth year and works with campus teams to reduce underage drinking on college campuses. In alternating years there is a statewide conference bringing the colleges together to discuss campus issues and showoff successful programs. In the off year, we conduct statewide training for selected teams from each participating college to enhance their programs and prepare them for the biannual alcohol and drug abuse requirements from the United States Department of Education. This year the Colleges are forming a formal independent organization to carry on this program.

On Going Project for 21-34 age-groups – Traffic Safety Coordinators will work with

area bars, distributors, and community agencies to establish an on-going project to assist 21-34 age group in avoiding driving under the influence by finding alternative transportation. (e.g. designated drivers, public transportation, and TIP’s Training)

UNDERAGE ACTIVITIES

The Traffic Safety Coordinators shall conduct a minimum of one coordinated statewide enforcement effort and eight other local underage activities during the year in addition to the High Visibility Enforcement Activities previously cited.

All Traffic Safety Coordinators and WV State Police Coordinators will conduct a statewide underage alcohol sting on the same night across the state. The ABCA will be involved to enforce rules violations against owners of stores found in violation.

In addition to the statewide sting, each Traffic Safety Coordinator will conduct a

minimum of one underage sting with an ABCA enforcement officer during the year.

A major program developed in conjunction with the Insurance Institute for Highway Safety is currently underway in Cabell County with Monongalia County as the Control County. This project is attempting to reduce the measurable alcohol (at checkpoints) of the underage/young adult population.

The Traffic Safety Coordinators shall work with the colleges in their areas to implement

the approved college project.

The Traffic Safety Coordinators shall work with the High School SADD chapters to facilitate the public information and education messages reach the High School audience.

FOCUSED PATROLS

In addition to the required enforcement activities, officers will conduct patrol activities focusing on locating alcohol impaired drivers. Officers will conduct this patrol during their regular duty focusing their activities on impaired drivers. This activity does not replace the required weekly activity. Traffic Safety Coordinators and WV State Police Coordinators will track DUI arrests made by on-duty officers to evaluate this area.

31

SPYDER PATROLS

The Highway Safety Coordinators shall work with the Governor’s Highway Safety Program, the Motorcycle Safety Program and local law enforcement agencies to develop the dedicated Spyder Patrol Program. This program entails local law enforcement agencies dedicating a full time officer to DUI patrols in exchange for a three-wheeled motorcycle (standard motorcycle if agency already has a motorcycle unit). This officer shall work traffic/DUI full time and report all such activity to the “Governor’s Highway Safety Programs Law Enforcement Database.” This unit shall also be a keystone to the local law enforcement agency’s overtime DUI efforts. The Motorcycle Safety Program shall develop and deliver all training to the local law enforcement officers. All officers assigned to this unit must have their motorcycle endorsement on their driver’s license and attend all trainings determined by the Motorcycle Safety Program. They must also be proficient in the Standardized Field Sobriety tests and when appropriate they will train other officers in Standardized Field Sobriety. FY 2011 Impaired Driving Projects

Program 154 Funds 402 AL Funds 410 Funds 410 HVB

Funds 410 HFR

Funds Region 1 – City of Charleston 120,000 30,000 70,000 70,000 Region 2 – City of Huntington 120,000 50,000 30,000 70,000 70,000 Region 3 – Wood County Commission 120,000 30,000 70,000 70,000 Region 4 – City of Wheeling 120,000 30,000 70,000 70,000 Region 5 – City of Clarksburg 170,000 30,000 70,000 70,000 Region 6 – City of Martinsburg 120,000 30,000 70,000 70,000 Region 7 – City of Beckley 120,000 30,000 70,000 70,000 Region 8 – City of Bluefield 100,000 30,000 70,000 70,000 Governor’s Highway Safety Program 350,000 50,000 290,000 -0- Law Enforcement Liaison Office 100,000 100,000 20,000 Lifesavers Office 50,000 West Virginia State Police (7 Troops) 500,000 -0- -0- 90,000 80,000 WV Alcohol Beverage Control Admin. 120,000 -0- -0- WV Prosecuting Attorney’s Office 125,000 -0- -0- Monongalia County 50,000 59,018

TOTAL $2,185,000 $200,000 $600,000 $700,000 $699,018 Section 154/164 – Alcohol Programs In 2005, the West Virginia Legislature passed a Repeat Offender Law which met US DOT Criteria. WV has not passed an open container law, which keeps the 154 Sanction in

32

place. In FY2010, West Virginia’s transfer amount was $6,431,353, of which $4,180,380 was allocated to Hazard Elimination Programs, and the remaining $2,250,973 was allocated for Alcohol Programs. Section 410 Alcohol Impaired Driving Countermeasures Incentive Grant West Virginia qualified for FY2009 Section 410 funding, and an application for FY2010 funding is pending. Any funding received will be used to further the implementation of our sustained enforcement/DUI checkpoints, alcohol training, Law Enforcement Liaison Office and Underage Drinking Enforcement. FY2006 - $ 713,655 FY2007 - $ 750,251 FY2008 - $1,059,561 FY2009 - $2,384,832 FY2010 - Pending West Virginia also received 410 HVB (High Visibility) and 410 HFR (High Fatality Rate) funds as a high-risk state. HVB funds must be used on the top one hundred road segments identified in the Section 410 Plan. HRF funds may be used on other identifiable problems in the state. FY2010 - $700,000 Section 410 HVB Funds FY2010 - $699,018 Section 410 HFR Funds Section 1906 Incentive Grant Program to Prohibit Racial Profiling The West Virginia Legislature passed the Racial Profiling Data Collection Act (§17G-2-4 of the West Virginia Code). Legislative Rule §149-5-1 sets the standards for the collection, reporting, compilation, and analysis of the data. This was enacted May 10, 2006, with January 1, 2007, as the date of implementation. The Division of Motor Vehicles was charged with facilitation of the project and the Division of Criminal Justice Services was charged with the analysis and publishing of an interim report at the conclusion of the first year and a final report at the conclusion of the project. The law required every law enforcement officer to complete a Motor Vehicle Stop Form when making a traffic stop in violation of the traffic code, either electronically or by paper form. This information is scanned or downloaded into a data base at a central location monthly. The yearly data base was provided to Criminal Justice Services for their analysis. All funding received to date has been and will be directed to continue to fund the complete implementation of this project. West Virginia is no longer eligible to receive Section 10-6 funds as a law state. Legislative Rule §149-5-1 expired December 31, 2008, and we administered the program until that time.

33

A small amount of unexpended funds are being used to purchase computers for law enforcement agencies to enable them to submit their traffic citations electronically. FY2011 Section 1906 Projects

Project Amount Awarded

Law Enforcement Liaison Office 15,005

City of Beckley 15,000

TOTAL $30,005 FY2006 - $643,613 FY2007 - $538,351

34

MOTORCYCLE SAFETY PROGRAM

Section 2010 – Motorcyclist Safety

Calendar Years 2004 2005 2006 2007 2008 2009

Registered Owners 39,230 43,942 40,199 49,479 49,220 48,533

Total Crashes 672 662 764 810 800 704

A & B Injuries 535 519 591 N/A N/A N/A

Fatalities 27 34 39 40 52 24

Students Trained 1,234 1,403 1,784 1,777 2473 2,000

Calendar Years 2010 2011 2012

Registered Owners 50,000 50,500 51,000

Total Crashes 704 697 689

A & B Injuries 526 515 510

Fatalities 37 36 35

Students Trained 2,750 3,000 3,250

Performance Measures West Virginia’s Motorcycle Safety and Awareness Program will continue to employ a statewide advertisement program through paid media. Radio and television ads and billboards will be geared to reach both the rider of motorcycles and drivers of motor vehicles. This approach will hopefully make both drivers and riders award of each other and each individual’s responsibility to the other, thus creating a safer driving environment. West Virginia’s Motorcycle Safety and Awareness Program will continue to monitor crash data provided by the West Virginia Division of Highway and FARS to help identify problem areas and locations. Additional training sites in rural and remote areas will afford the program a greater contact with potential students seeking motorcycle training in both the Basic Rider’s Course and the Experienced Rider’s Course.

35

Performance Goals The goals of the West Virginia Motorcycle Safety Program are to:

1. Reduce the number of fatalities to 35 deaths by December 31, 2012. 2. Reduce motorcycle involved crashes by seven percent by December 31, 2012. 3. Increase the number of professionally trained riders by five to seven percent per

year. West Virginia qualified for FY2006, FY2007, FY2008, and FY2009 funding under the

Section 2010 Motorcyclist Safety Program, and we are currently awaiting approval of our FY2010 application. The Division of Motor Vehicles (DMV) currently funds and administers the West Virginia Motorcycle Safety Program. The Motorcycle Safety Program was transferred to the Governor’s Highway Safety Program (GHSP) in October 2006. Section 2010 funding will be used by DMV/GHSP to enhance the Motorcycle Safety Awareness Program through paid media and through PI & E.

FY2006 - $100,000 Section 2010 FY2007 –$312,753 State Funding FY2007 - $100,000 Section 2010 FY2008 - $309,000 State Funding FY2008 - $100,000 Section 2010 FY2009 - $425,000 State Funding FY2009 - $100,000 Section 2010 FY2010 - $425,000 State Funding FY2010 - $100,000 Pending Section 2010 Funding

36

SECTION 408 TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS

West Virginia has assigned the highest priority to continuing the implementation of an electronic data collection and reporting system, specifically crash data. Timely and accurate crash data are the most crucial components to the comprehensive traffic records system. West Virginia purchased a software program called Report Beam in order to provide electronic submission of crash and citation data directly from the field to the data warehouse. On November 1, 2007, the State Police went statewide with this program (crash data). Training of law enforcement agencies in the usage of the software and the new crash report is complete. 99% of all law enforcement agencies have attained a license key which allows them to report electronically. During FY11, we anticipate piloting the electronic citation with the State Police and a few local agencies. The establishment of a Traffic Records Data Warehouse is in the initial stage. Crash data access has been given to key highway safety personnel, and we are working on expansion of this access. We also anticipate filling the position of Traffic Records Coordinator. The state has in place a working Traffic Records Coordinating Committee and will continue to strengthen its status by following the recommendations contained in the Strategic Plan and 2006 Traffic Records Assessment. Performance Goals

The State has established a goal to have in place a modern, effective, and comprehensive traffic safety and information system of crash and other related records to accurately identify safety problems, to develop countermeasure programs, and to evaluate effectiveness and measure progress.

Additional objectives by which future progress will be measured have been adopted by the TRCC and stakeholder agencies:

1. Build a data base infrastructure for citation tracking in order to improve the timeliness of data exchange between state and local agencies. This will provide the State with the ability to design advanced data systems in order to track specific problems.

2. Implement a law enforcement friendly electronic, statewide data collection and reporting system for data to be captured accurately, efficiently, and timely.

3. Provide the technical capabilities for local, state, and federal traffic safety professionals to access and analyze up to date information from a state wide or web-based system. This includes software, training, and administrative guidelines.

4. Foster support and long-term commitments from key decision makers from stakeholder agencies.

5. 2006 priorities to be accomplished.

37

6. Support 100% implementation of electronic reporting.

Performance Measures

The Traffic Records Coordinating Committee will continue to act as the primary advisory committee for traffic records related activities and projects. The Strategic Plan will be utilized as a guide to ensure proper steps are being taken to implement a statewide comprehensive traffic records system that will be used by federal, state, and local highway safety stakeholders, including the following: Governor’s Highway Safety Program, Division of Highways, Division of Motor Vehicles, Supreme Court Administrator’s Office, Department of Health and Human Resources. FY 2011 Projects

Program Section 408 Funds

Section 406 Funds

City of Charleston 31,349 100,000

City of Huntington 20,000 100,000

Wood County Commission 20,000 100,000

City of Wheeling 20,000 100,000

City of Clarksburg 20,000 100,000

City of Martinsburg 20,000 100,000

City of Beckley 20,000 150,000

City of Beckley (Bluefield Program) 20,000 80,000

Law Enforcement Liaison Office 20,000 20,000

WV State Police 100,000 50,000

Governor’s Highway Safety Program 100,000 200,000

Office of Emergency Medical Services 50,000 -0-

TOTAL $441,349 $1,100,000

FY2006 - $300,000 FY2007 - $500,000 FY2008 - $500,000 FY2009 - $500,000 FY2010 - $500,000

38

SPEED ENFORCEMENT Sustained Enforcement of Posted Speed Limits In West Virginia, speed continues to play a significant role in motor vehicle fatalities.

Calendar Year 2004 2005 2006 2007 2008 2009

Speed Related Fatalities 119 82 73 76 97 120

Total Fatalities 410 374 410 432 380 357

Percentage 29% 22% 18% 18% 26% 34%

Performance Goals

Calendar Year 2010 2011 2012

Speed Related Fatalities 85 84 83

Total Fatalities 381 377 373

Percentage 22% 22% 22%

All West Virginia law enforcement agencies receiving highway safety funds for occupant protection and impaired driving enforcement programs will be expected to enforce posted speed limits. Because West Virginia is a secondary seat belt law state, speed enforcement is a primary stopping tool for seat belt enforcement. Specific law enforcement agencies will also be asked to participate in Speed Enforcement blitzes throughout the year, targeting roadways where speed related fatalities occur. Speed related equipment, such as radars, will also be purchased for those departments who may need them. FY2009 - $100,000 from Section 402 FY2010 - $100,000 from Section 402 FY2011 - $100,000 from Section 402

39

DRIVER ATTITUDE SURVEY

The West Virginia Highway Safety Program conducted a statewide survey of West Virginia citizens regarding driver attitudes and awareness concerning impaired driving, seatbelt use, and speeding issues. The survey was conducted in August 2010 at nine DMV offices using the recommended set of core survey questions developed by GHSA and NHTSA, and their recommendations regarding survey design, methodology, and administration. The findings will be reported in the 2010 Highway Safety Annual Report. FY2010 - $50,000 Section 402 FY2011 - $10,000 Section 406

40

WEST VIRGINIA COMMISSION ON DRUNK DRIVING PREVENTION

The West Virginia Commission on Drunk Driving Prevention (CDDP) was established in 1986 by an act of the West Virginia Legislature (Chapter §15-2-40 of the WV Code). Funds are generated through a six percent excise tax on the sale of liquor and wine and funding for impaired driving projects is available through a quarterly application process by any law enforcement agency in West Virginia. The Governor’s Representative for Highway Safety and the Governor’s Highway Safety Program Director are members of the Board of Directors (eight members) for the CDDP. The Governor’s Highway Safety Program encourages West Virginia law enforcement agencies to apply to the CDDP. The CDDP works directly with the GHSP in coordinating and planning the Sustained Enforcement Plan.

State Funds FY2008 - $1,000,000 State Funds FY2009 - $1,300,000 State Funds FY2010 - $1,350,000 State Funds FY2011 - $1,350,000

41

MEDIA/ADVERTISING

The Governor’s Highway Safety Program will follow all federal guidelines for purchasing media/advertising with federal highway safety funds.

We anticipate producing television and radio spots to promote the use of child safety seats/booster seats, as well as purchasing air time. A new television spot will also be produced for our Click It or Ticket campaign. A media campaign will continue for the Motorcycle Safety Program and Alcohol Program as well, including television, radio, and billboards. FY2007 - $35,000 Section 2010 FY2008 - $60,000 Section 410 FY2007 - $40,000 Section 2011 FY2008 - $150,000 DOT Section 163 FY2009 - $150,000 Section 406 FY2010 - $500,000 Section 154AL FY2010 - $250,000 Section 406 FY2010 - $25,000 Section 2011 FY2010 - $30,000 Section 2010 FY2011 - $500,000 Section 154AL FY2011 - $250,000 Section 406 FY2011 $25,000 Section 2011 FY2010 - $30,000 Section 2010

42

COMMUNITY TRAFFIC SAFETY PROJECTS DEMOGRAPHICS

Population & Area

Area Sub-Grantee Population Percent of State

Area (Sq. Miles)

Percent of State

1 Charleston 273,648 15.1% 2,221.8 9.1%

2 Huntington 267,594 14.8% 2,460.7 10.1%

3 Wood Co. 177,307 9.8% 3,104.5 12.8%

4 Wheeling 168,345 9.3% 1,225.9 5.0%

5 Clarksburg 308,419 17.1% 3,022.9 12.4%

6 Martinsburg 248,066 13.7% 4,958.3 20.4%

7 Beckley 231,922 12.7% 4,977.2 20.5%

8 Bluefield 141,599 7.5% 2,311.2 9.7%

Fatalities

Area 2004 2005 2006 2007 2008 2009 Average (04-08)

1 47 51 63 67 50 46 54 2 63 59 54 68 49 59 59 3 22 41 47 43 43 24 35 4 15 20 13 19 9 15 16 5 62 58 53 57 62 66 61 6 84 58 88 61 60 56 69 7 71 48 56 68 75 52 62 8 36 39 38 47 32 35 38

43

PROBLEM STATEMENT

In the 1990’s, West Virginia embraced the Community/Regional approach to Traffic Safety. We still feel this is the most efficient method for West Virginia to deal with our traffic safety problems and issues. The state is currently divided into eight (8) regions based on geography/demographics. The Goals/Objectives, Problem Identification, and Community Applications along with instructions on completing the application have been provided by our office. The following data sources were used: West Virginia DOT Crash Data Base, FARS, Division of Motor Vehicles, Alcohol Beverage Control Administration, and the GHSP Traffic Safety Programs.

In 2009, according to the West Virginia Traffic Information System (TRIS), West Virginia

had (N/A) crashes, causing (N/A) injuries and 357 fatalities.

GOAL

To reduce traffic crashes, deaths, injuries, and property damage resulting there from. Each of the eight (8) Regional Program areas has goals and objective tailored to their area based on the problems identified in their specific regions. REQUIRED ACTIVITIES

Each Safe Community Project supported with GHSP funds must conduct the following activities:

Coordination/Project Director

1. Develop and support at least one Traffic Safety Advocacy Group (i.e., MADD, SADD, Safe Kids, Etc.), and

2. Maintain a current directory of Highway Safety Advocates (i.e. Name, Address, Phone Numbers, E-Mail Addresses, etc.), and

3. Establish and maintain a Task Force with a minimum of three (3) meetings per year, and

4. Establish and conduct a Regional Highway Safety Award/Recognition program, and

5. Make face to face contact with each (100 Percent) law enforcement agency in the project’s service area and secure (i.e. maintain a file) letters of support and cooperation, secure 50 percent of involvement from local law enforcement agencies, and

6. Maintain a log that summarizes all traffic related fatalities in the project area, and

7. Develop and support one Law Enforcement Liaison (LEL) in each county, and

8. Provide the GHSP details of upcoming events for the “Monthly Events Calendar” by the 20th of the preceding month, and

44

9. Prepare and submit to the GHSP by the close of business on November 1, 2011, a detailed Yearly Activities Report or Year End Report, and

10. Conduct at least one law enforcement effort for back to school, and

11. Conduct a minimum of six Highway Safety Presentations to the private sector of the region, civic groups, and government excluding law enforcement agencies and schools.

12. Maintain PI & E relationship with DMV Regional Offices in your region, and

13. Get involved with area SADD Chapters.

14. Assist GHSP in the following surveys:

a. DMV-Driver Attitude Survey (June-August)

b. Statewide Seatbelt Use Survey (June)

ALCOHOL AND OTHER DRUGS

GOAL & ACTIVITIES To reduce the involvement of alcohol and other drugs in traffic crashes, deaths, injuries,

and property damage by:

1. Facilitating the Sustained Impaired Driving Plan by doing the following:

a. Two (2) Law Enforcement Events per week in the region.

b. One (1) Public Education and Information Activity per week in the region.

c. One (1) Media Activity per week in the region.

d. Two (2) Age Group Activities per year in the region.

e. Training – Each Coordinator shall work with the GHSP LEL Office to facilitate training opportunities for Impaired Driving.

f. Underage Activities – Each Coordinator shall conduct Underage enforcement efforts at the direction of the GHSP. A minimum of 20 attempts for Counties under 20,000 population, and an additional attempt of 1 per thousand population to a maximum of 80 attempted buys.

g. Media Activities – Each Coordinator shall conduct at least One (1) Media Activity per week in the Region. Each Coordinator shall attach a dollar value to earned media and track that value. In addition, track the number of people that received that message, and

h. Participate in the five state mandated blitz periods – Thanksgiving, Christmas/New Year, Halloween, St. Patrick’s Day, Spring Break, and WV Day. During these periods all local law enforcement agencies supported by Highway

45

Safety funds shall conduct a minimum of four enforcement events during the blitz/mobilization, and

2. Developing and supporting at a minimum one (1) college PI&E campaign (i.e. College Program Participant), and

3. Providing funding/support (i.e. C.D.D.P., 410, etc.) for D.U.I. activities (i.e. Checkpoint Strikeforce), and

4. Conducting a local PI&E/Media effort in cooperation with statewide checkpoint Strikeforce campaign, and

5. Assisting local law enforcement agencies in obtaining funding from the Commission on Drunk Driving Prevention (C.D.D.P.), and

6. Advocate for 100% attendance of DMV Administrative Hearings by officers and developing an activity to reduce them, and

7. Working with Local High School SADD Chapters to develop program activities, and

8. PBT Project – The Governor’s Highway Safety Program and the Commission on Drunk Driving Prevention are providing PBT’s to local Law Enforcement Agencies. This is an attempt to standardize PBT’s in West Virginia.

a. Each Coordinator shall receive either the training or train someone in their area to calibrate the local LE PBT’s in their area, and

b. Each Coordinator shall not support any other type of PBT other than the approve standardized PBT, and

c. Each Coordinator shall assist the Governor’s Highway Safety Program in distributing, tracking, and inventorying the PBT’s

OCCUPANT PROTECTION/CHILD PASSENGER SAFETY

GOAL & ACTIVITIES To reduce the number of deaths and injuries through the increase in the proper use of safety restraints in traffic crashes by:

1. Conducting a minimum of four (4) Occupation Protection Informational Checkpoints (i.e. one per quarter), and

2. Developing, supporting and certifying a T.O.P.S. instructor, which will conduct a minimum of two (2) T.O.P.S. eight (8) hour classes, and

3. The Project Director must complete the thirty-two (32) hour C.P.S.T. course, remain current with certification, and work to become a certified C.P.S.T. Instructor, and

4. Establish and maintain a fixed C.P.S. Fitting Station in the project’s service area.

46

5. Reporting to the GHSP all (i.e. 100%) Occupant Protection Citations issued within the project’s service area, and

6. Providing support and funding to participating law enforcement CIOT activities, and

7. Conducting a minimum of four (4) CPS Clinics / Events, and

8. Conducting an Occupant Protection Project in Junior or Senior High Schools, and

9. Conducting two (2) C.P.S. classes or demonstrations (i.e. 1 to 8 hours) to a captive audience (i.e. hospital, daycare, church, civic, etc), and

10. Developing and supporting a C.P.S.T. Instructor outside of your project

11. Conduct PI&E, Enforcement and media events during Child Passenger Safety Week in September, including direct participation, if possible, in seat check Saturday

12. Maintain a list of current CPS technicians for region.

13. Participate in May CIOT blitz through enforcement and media/public awareness.

14. Encourage enforcement of seat belt laws during all enforcement efforts (DUI, speed).

MEDIA

1. Facilitate earned media for local, regional and national highway safety activities.

a. At least two to four press conferences a year b. Radio Spots

2. Cooperate with the GHSP Public Affairs staff in statewide media campaigns, and

3. Maintain a media report or file with all the activity generated by the Safe Community Project and report the activities to the GHSP Public Affairs Office on a monthly basis,

Section 408 Traffic Records UCR and UTC Activities/Training

1. Facilitate Uniform Crash Report and Report Beam training for local law enforcement

agencies. 2. Support efforts to convert law enforcement agencies to electronic reporting.

47

Other Traffic Safety Initiatives

1. Other Traffic Safety issues to be addressed:

a. Conduct or facilitate a minimum of one ATV Safety Activity b. Conduct or facilitate a minimum of one Motorcycle Safety Activity, coordinating

with the GHSP Motorcycle Safety Program Manager. c. Conduct or facilitate Retail Alcohol Training activities.

Innovative

1. Create innovative ideas and activities that directly relate to reaching the goals and

objectives of the GHSP or to specific problems identified in the project’s service area. Below are examples of possible problem issues.

1) Police Traffic Services projects:

2) Red Light 3) Speed 4) Aggressive Driving 5) Other

2) Other priority issues that the Coordinator’s think are important to their region

and programs.

48

REQUIRED ELEMENTS OF A SAFETY COMMUNITY PROJECT

Local Coordinator:

An individual with a minimum of a Bachelors Degree from an accredited college or university, or the experience equivalent in a related field (i.e., law enforcement, injury prevention, health promotions, etc.) shall be employed full-time on project activities with a clear chain of command and supervision from the authorized official to the coordinator. The sub-grantee shall be reimbursed for the local coordinator based on the following:

The Governor’s Representative for highway Safety, the West Virginia Highway Safety Program’s Coordinator and the GHSP director must approve any individual initially employed or sub-contracted as the local coordinator, any subsequent replacement, realignment, modification, or alteration of the chain of command for the project prior to obligation of project funds. An employee of the sub-grantee shall be paid for 2,080 annual work hours (included appropriate benefits):

A master’s degree or five years experience in the current position will receive $34,000 annually.

A bachelor’s degree or five years experience in the current position will receive $30,000 annually.

A sub-contractor of the sub-grantee shall be paid for 1,920 annual work hours:

A master’s degree or five years experience in the current position will receive $34,000 annually.

A bachelor’s degree or five years experience in the current position will receive $30,000 annually.

Task Force:

The sub-grantee shall establish, appoint and support a task force with a minimum of ten (10) members from within the project’s service area that represents:

a. A representative of each county commission

b. A representative of each Class II City

c. A representative of a Board of Education

d. A representative of a County board of health

e. A representative of a current county prosecutor

f. A current member of the judiciary

g. A representative of the West Virginia State Police

h. A current sheriff or deputy sheriff

i. A current chief of police or designee

j. A current member of a local EMS squad

49

k. A representative of each local ethnic group

l. A representative from the local media

m. A youth representative

n. A representative of a local business

o. A representative of each local advocacy group

p. A lay citizen from each county in the project’s service area

q. A local West Virginia Department of Transportation

r. A representative of local service organizations

Alcohol and Other Drugs:

Activities must, at a minimum, address the following:

A reduction of the reported number of alcohol involved crashes to below five percent of the total number of crashes by September 30, 2011, and

A reduction of the reported number of alcohol drivers, ages 16-20, crashes to below three percent of the total number of driver fatalities by September 30, 2011, and

A reduction in the number of “No Shows” at DMV administrative hearings to less than five percent by September 30, 2011.

Occupant Protection Activities:

Activities must, at a minimum, address the following:

An increase in the “unscientific” adult seat belt use rate to 91 percent by September 30, 2011, and

An increase in the percentage of reported use of child restraints by children ages 0-14 to above 90 percent by September 30, 2011.

Police Traffic Services:

Activities must, at a minimum, address the following:

Insure the continued compliance with posted speed limits, and

Offer in-service T.O.P.S. training to all sheriff departments and all Class I and II City police departments.

50

Pedestrian, Bicycle and Other Activities:

Activities must be clearly identified by local data, and must address the following:

Insure the reduction in the number of pedestrians involved in crashes, and

Insure the reduction in the number of bicycle crashes.

FY 2011 Safe Community Projects

Program 402 Funds Region 1 – City of Charleston 145,000 Region 2 – City of Huntington 167,000 Region 3 – Wood County Commission 130,000 Region 4 – City of Wheeling 130,000 Region 5 – City of Clarksburg 130,000 Region 6 – City of Martinsburg 130,000 Region 7 – City of Beckley 162,000 Region 8 – City of Bluefield 90,000

TOTAL $1,084,000

51

State Certifications 7/8/10

STATE CERTIFICATIONS AND ASSURANCES

Failure to comply with applicable Federal statutes, regulations and directives may subject State officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR 18.12. Each fiscal year the State will sign these Certifications and Assurances that the State complies with all applicable Federal statutes, regulations, and directives in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but not limited to, the following: • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • 49 CFR Part 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Chapter II - (§§1200, 1205, 1206, 1250, 1251, & 1252) Regulations governing highway safety programs • NHTSA Order 462-6C - Matching Rates for State and Community Highway Safety Programs • Highway Safety Grant Funding Policy for Field-Administered Grants

Certifications and Assurances

Section 402 Requirements

The Governor is responsible for the administration of the State highway safety program through a State highway safety agency which has adequate powers and is suitably equipped and organized (as evidenced by appropriate oversight procedures governing such areas as procurement, financial administration, and the use, management, and disposition of equipment) to carry out the program (23 USC 402(b) (1) (A)); The political subdivisions of this State are authorized, as part of the State highway safety program, to carry out within their jurisdictions local highway safety programs which have been approved by the Governor and are in accordance with the uniform guidelines promulgated by the Secretary of Transportation (23 USC 402(b) (1) (B)); At least 40 per cent of all Federal funds apportioned to this State under 23 USC 402 for this fiscal year will be expended by or for the benefit of the political subdivision of the State in carrying out local highway safety programs (23 USC 402(b) (1) (C)), unless this requirement is waived in writing;

52

This State's highway safety program provides adequate and reasonable access for the safe and convenient movement of physically handicapped persons, including those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks (23 USC 402(b) (1) (D)); The State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within the State as identified by the State highway safety planning process, including: • National law enforcement mobilizations, • Sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits, • An annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative, • Development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources. The State shall actively encourage all relevant law enforcement agencies in the State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23 USC 402 (b)(1)(E).

Other Federal Requirements

Cash drawdowns will be initiated only when actually needed for disbursement. 49 CFR 18.20 Cash disbursements and balances will be reported in a timely manner as required by NHTSA. 49 CFR 18.21. The same standards of timing and amount, including the reporting of cash disbursement and balances, will be imposed upon any secondary recipient organizations. 49 CFR 18.41. Failure to adhere to these provisions may result in the termination of drawdown privileges. The State has submitted appropriate documentation for review to the single point of contact designated by the Governor to review Federal programs, as required by Executive Order 12372 (Intergovernmental Review of Federal Programs); Equipment acquired under this agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes by the State; or the State, by formal agreement with appropriate officials of a political subdivision or State agency, shall cause such equipment to be used and kept in operation for highway safety purposes 23 CFR 1200.21 The State will comply with all applicable State procurement procedures and will maintain a financial management system that complies with the minimum requirements of 49 CFR 18.20;

53

Federal Funding Accountability and Transparency Act The State will report for each sub-grant awarded: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; , and an award title descriptive of the purpose of each funding action; • A unique identifier (DUNS); • The names and total compensation of the five most highly compensated officers of the entity if-- of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity;

(i) the entity in the preceding fiscal year received— (I) 80 percent or more of its annual gross revenues in Federal awards; and(II) $25,000,000 or more in annual gross revenues from Federal awards; and(ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986;

• Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation. The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794) and the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; The Civil Rights Restoration Act of 1987, which provides that any portion of a state or local entity receiving federal funds will obligate all programs or activities of that entity to

54

comply with these civil rights laws; and, (k) the requirements of any other nondiscrimination statute(s) which may apply to the application.

The Drug-free Workplace Act of 1988(41 U.S.C. 702;):

The State will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture,

distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace.

2. The grantee’s policy of maintain a drug free workplace

3. Any available drug counseling, rehabilitation, and employee assistance programs.

4. Penalties that may be imposed upon employees for drug violations occurring in the workplace.

c. Making it a requirement that each employee engaged in the performance of the grant

be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a

condition of employment under the grant, the employee will – 1. Abide by the terms of the statement.

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction

e. Notifying the agency within ten days after receiving notice under subparagraph

(d) (2) from an employee or otherwise receiving actual notice of conviction. f. Taking one of the following actions, within 30 days of receiving notice under

subparagraph (d) (2), with respect to any employee who is so convicted – 1. Taking appropriate personnel action against such an employee, up to and

including termination. 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or

rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

g. Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (a), (b), (c), (d), (e), and (f) above.

55

BUY AMERICA ACT

The State will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation.

POLITICAL ACTIVITY (HATCH ACT)

The State will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

56

RESTRICTION ON STATE LOBBYING

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

Instructions for Primary Certification

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

57

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification , in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions

(1) The prospective primary participant certifies to the best of its knowledge and belief, that its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

58

(2) Where the prospective primary participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that is it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The

59

knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions

:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. POLICY TO BAN TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to:

(1) Adopt and enforce workplace safety policies to decrease crashed caused by distracted driving including policies to ban text messaging while driving—

a. Company-owned or –rented vehicles, or Government-owned, leased or rented vehicles; or b. Privately-owned when on official Government business or when performing any work on or behalf of the Government.

(2) Conduct workplace safety iniatives in a manner commensurate with the size of the business, such as –

a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

ENVIRONMENTAL IMPACT

The Governor's Representative for Highway Safety has reviewed the State's Fiscal Year highway safety planning document and hereby declares that no significant environmental impact will result from implementing this Highway Safety Plan. If, under a future revision, this Plan will be modified in such a manner that a project would be instituted that could affect environmental quality to the extent that a review and statement would be necessary, this office is prepared to take the action necessary to comply with the National

60

Environmental Policy Act of 1969 (42 USC 4321 et seq.) and the implementing regulations of the Council on Environmental Quality (40 CFR Parts 1500-1517).

61